Marion man argues he can’t be charged again in 2013 vehicular homicide

CEDAR RAPIDS — A Marion man, who was convicted of vehicular homicide in the death of a Coggon mother and also caused permanent injuries to her toddler in 2013, asked a judge Monday to dismiss a new vehicular homicide charge filed after the child died last year.

Izabella Denny, who was 21 months old when she suffered spinal cord and brain damage resulting in paralysis and dependence on a ventilator, died at age 13 on Nov. 13, 2024. She died from complications of the injuries she received in the 2013 crash, according to an autopsy cited in the criminal complaint.

Brandon Lynn Schaul, now 37, was charged in February with homicide by vehicle — OWI, a Class B felony.

According to testimony in Schaul’s 2015 trial, he was driving a pickup truck on May 18, 2013 and crossed the center line, striking a van driven by Izabella’s mom, Rachel Denny, 27, near Highway 13 and Valley Farm Road, near Central City.

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Denny died at the scene and her passenger, Izabella, was permanently disabled.

According to the new complaint, on Nov. 13, 2024, Izabella exhibited “gasping respirations” and became unresponsive and was taken to the hospital. CPR was performed but she died that day.

Izabella had suffered recent seizures due to anoxic brain injury caused by “mucus plugging” related to her ventilator dependence, the complaint stated. She also had been “battling” a respiratory infection, which made her underlying condition more difficult for her to breath, made her more susceptible to infection and more difficult for her to recover.

According to an autopsy, she suffered acute respiratory distress syndrome as a result of the underlying condition and injuries caused by the car crash and complications from those injuries, the complaint stated. The injuries from the crash in 2013 caused the complications and those remote blunt force injuries were the cause of her death, a state medical examiner told authorities.

Mike Lahammer, Schaul’s lawyer, argued Monday the prosecution can’t file the new charge because it is double jeopardy — someone being charged or punished twice for the same offense.

In his written motion, Lahammer said Schaul was already charged and convicted of serious injury by vehicle, which is a lesser included charge with homicide by vehicle — OWI. A conviction would bar a subsequent prosecution of the “greater offense,” Lahammer said in his written motion.

Lahammer also argued, in the alternative or additionally, that Schaul couldn’t be charged because there’s a statute of limitations for when the event or crime happened 12 years ago.

Linn County Attorney Nick Maybanks argued Schaul couldn't be put in “jeopardy” until a death occurred and Izabella didn’t die until 2024, which was the result of the crash, according to a medical examiner.

“When the victim died, a new and distinct crime of homicide was committed,” Maybanks said in his written motion. “The death is a new fact and doesn’t place the defendant twice in jeopardy.”

The prosecution also isn’t barred by the statute of limitations, Maybanks said during the hearing. The clock wouldn’t start until the death happened in 2024 and charges were filed in February, well within the three years of when she died, he said.

Sixth Judicial District Judge David Cox said he wanted some time to research the issue but planned to have a written ruling by next Monday, or at least within two weeks.

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